WSR 17-08-029 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-63—Filed March 28, 2017, 2:22 p.m., effective March 30, 2017] Effective Date of Rule: March 30, 2017.
Purpose: The purpose of this rule making is to allow nontreaty recreational fishing opportunity in the Columbia River while protecting fish listed as threatened or endangered under the Endangered Species Act. This rule making implements federal court orders governing Washington's relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish and wildlife commission policy guidance for Columbia River fisheries.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-312-06000A; and amending WAC 220-312-060.
Other Authority: United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008-2017 United States v. Oregon Management Agreement (Aug. 12, 2008) (Doc. No. 2546); Northwest Gillnetters Ass'n v. Sandison, 95 Wn.2d 638, 628 P.2d 800 (1981); Washington fish and wildlife commission policies concerning Columbia River fisheries; 40 Stat. 515 (Columbia River Compact).
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This emergency rule is needed to close waters of the Columbia River and tributaries from Bonneville Dam upstream to John Day Dam because the harvest guidelines for both pools are expected to be reached by the effective date of this rule. There is insufficient time to adopt permanent rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 1.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 1.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 28, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-312-06000B Exceptions to statewide rules—Columbia River sturgeon.
Notwithstanding the provisions of WAC 220-312-060 and WAC 220-316-010, effective March 30, 2017, until further notice, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from Bonneville Dam upstream to McNary Dam. Catch and release is permissible except from May 1, 2017, until further notice, in the sturgeon spawning Sanctuary located from The Dalles Dam downstream 1.8 miles, in the sturgeon spawning Sanctuary located from John Day Dam downstream 2.4 miles, and in the sturgeon spawning Sanctuary located from McNary Dam downstream 1.5 miles.
REPEALER
The following section of the Washington Administrative Code is repealed effective March 30, 2017:
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